Hi Everyone! Just a question! When an indictable case is heard summarily, would the sentence indicators be applied as an indictable offence or an summary offence? Would the accused still have to apply for the sentence indicator and given consent by the prosecution?? - Ari

Hi Everyone! Just a question! When an indictable case is heard summarily, would the sentence indicators be applied as an indictable offence or an summary offence? Would the accused still have to apply for the sentence indicator and given consent by the prosecution?? - Ari

Once it's transferred, it *is* a summary offence.

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[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.Available for private tutoring in English and Legal Studies.Experience in Legal 3/4 assessing; author of Legal textbook; degrees in Law and English; VCE teaching experience in Legal Studies and English. Legal Studies [50] English [50] way back when.Good luck!

I HAVE A LEGAL SAC COMING UP THIS THURSDAY THE 21ST ON THE CRIMINAL JUSTICE SYSTEM U3AOS1 AND IM CRAZY SCARED and would truly appreciate if anyone could please give me any tips and tricks, advice or personal things that you guys have implemented to study before such as SAC that has worked for you.

It would also be truly appreciated if anyone has any resources like practice SACs or notes that they would be willing to share![/b]

An answer to this question would be greatly appreciated.Peppa has been charged with possessing a prohibited weapon. She is at the Magistrates’ Court and is unrepresented. Peppa is nervous waiting for her hearing and doesn’t know what to do. She has been told that there are ‘duty lawyers’ available who can present the case on her behalf. After tax, Peppa’s weekly income is less than $1000. She lives on her own and has no children. Will Peppa be eligible to be legally represented at her hearing?

An answer to this question would be greatly appreciated.Peppa has been charged with possessing a prohibited weapon. She is at the Magistrates’ Court and is unrepresented. Peppa is nervous waiting for her hearing and doesn’t know what to do. She has been told that there are ‘duty lawyers’ available who can present the case on her behalf. After tax, Peppa’s weekly income is less than $1000. She lives on her own and has no children. Will Peppa be eligible to be legally represented at her hearing?

thank you

Hi Jemima,

I'd assume a duty lawyer would be sufficient as being 'legally represented' in that question? If so, yes she should be eligible, as long as she can justify that her income is limited. With the information given, less than $1000 is probably low enough, but if any other information was provided (eg. the source of her primary income being welfare based), then that'd support her case in being legally represented by a duty lawyer. The fact that the charge is possessing a prohibited weapon, which is on the more serious end of summary offences, will mean she is prioritised as long as she passes the Income Test (ie. limited income, centrelink card or pensioner concession card).

I'd assume a duty lawyer would be sufficient as being 'legally represented' in that question? If so, yes she should be eligible, as long as she can justify that her income is limited. With the information given, less than $1000 is probably low enough, but if any other information was provided (eg. the source of her primary income being welfare based), then that'd support her case in being legally represented by a duty lawyer. The fact that the charge is possessing a prohibited weapon, which is on the more serious end of summary offences, will mean she is prioritised as long as she passes the Income Test (ie. limited income, centrelink card or pensioner concession card).

another question i am having trobule with...i'm working on plea negotiations at the moment.....

Farrah has been charged with a number of murders that took place between 1995 and 2014. The murders were horrific, and the public has waited for a significant amount of time for justice to be done. However, many of the witnesses are unable to give evidence, as they cannot be located. The preparation for trial and the trial itself will take some time. The victims’ families want their day in court.

Do you think a plea negotiation is appropriate? Justify your response...

But you can't downgrade an indictable offence to a summary offence, it's only heard as a summary offence.

Well, you kind of can, because of the definition of indictable and summary. The definition of 'indictable' at law is essentially those offences that can be heard by a jury before a judge (not a magistrate). A summary offence is an offence that receives a summary hearing. So it's a procedural shift rather than a legislative classification shift, but by giving it a summary hearing it essentially becomes a summary offence for the purposes of that hearing, subject to summary offence sanction limits and with no procedure for using a jury. That's why the resolution of these disputes is lumped together with other summary offences in the annual report stats of MC matter completion rates.

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[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.Available for private tutoring in English and Legal Studies.Experience in Legal 3/4 assessing; author of Legal textbook; degrees in Law and English; VCE teaching experience in Legal Studies and English. Legal Studies [50] English [50] way back when.Good luck!

Hi everyone, Does anyone know if there are any major changes between the latest study design and the old one? I'm trying to get hold of a cheaper textbook as a second resource for an online course and I just don't want to be getting entirely the wrong information.Thanks!

Hi everyone, Does anyone know if there are any major changes between the latest study design and the old one? I'm trying to get hold of a cheaper textbook as a second resource for an online course and I just don't want to be getting entirely the wrong information.Thanks!

It was a major SD review. Don't get any textbook earlier than 2018.

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[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.Available for private tutoring in English and Legal Studies.Experience in Legal 3/4 assessing; author of Legal textbook; degrees in Law and English; VCE teaching experience in Legal Studies and English. Legal Studies [50] English [50] way back when.Good luck!

An answer to this question would be greatly appreciated.Peppa has been charged with possessing a prohibited weapon. She is at the Magistrates’ Court and is unrepresented. Peppa is nervous waiting for her hearing and doesn’t know what to do. She has been told that there are ‘duty lawyers’ available who can present the case on her behalf. After tax, Peppa’s weekly income is less than $1000. She lives on her own and has no children. Will Peppa be eligible to be legally represented at her hearing?

thank you

This question goes beyond the SD - also it's really technical, as a person with no dependent children needs to earn less than $800. But you don't have to know that, and the scenario doesn't give you that info anyway.

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[Update: full for 2018.] I give Legal lectures through CPAP, and am an author for the CPAP 'Legal Fundamentals' textbook and the Legal 3/4 Study Guide.Available for private tutoring in English and Legal Studies.Experience in Legal 3/4 assessing; author of Legal textbook; degrees in Law and English; VCE teaching experience in Legal Studies and English. Legal Studies [50] English [50] way back when.Good luck!

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